In addition to the Tea Parties this year where individual citizens expressed their displeasure about the actions of the Federal Government, 34 state legislatures including Idaho’s have introduced resolutions asserting their rights under the 10th Amendment.

The Tenth Amendment states; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This means if the Constitution does not expressly say the Federal Government has the authority, then the States individually have the authority.

Most of the resolutions are impotent letters pleading with the Federal Government to stop its incursion on State authority, kind of like a Chihuahua puppy barking at you. The State of Montana, on the other hand, has actually drawn a line in the sand.

In a direct challenge to federal authority in Montana the state has passed “The Montana Firearms Freedom Act”. Citing the 2nd, 9th and 10th amendments Montana claims the Federal Government has no authority to regulate firearms, firearms accessories, and ammunition manufactured and maintained in Montana.

The law states that; “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.”

The law takes two brilliant steps to prevent a federal end run around the law. In the first, the raw materials that may have moved interstate used to manufacture any of the items covered by the law do not subject the firearm to regulation by Congress. In the second, the addition of an accessory purchased from another state and added to a firearm manufactured in Montana does not subject the firearm to regulation by Congress.

The law does require “Made in Montana” to be stamped on the receiver or frame. This is a reasonable requirement and no one should complain about this requirement. It also does not seek to regulate automatic arms. You can have a 1.5” (6lb) cannon as long as you fire it with black powder.

Montana does not have a plethora of arms manufacturers. Still this law has the possibility of putting a large number of weapons in the population without any traceability. Just what tyrannical governments fear. 

The law stands on the social contract Montana maintains was established in 1889 when Montana joined the Union. Under that contract Montana claims the sovereignty over internal matters guaranteed by the Constitution. 

The law goes into effect on October 1, 2009 any bets on how fast this ends up in Federal Court? The one thing the Feds may do is revoke, or refuse, a federal firearms dealer’s license to anyone who sells these firearms, but I am not sure how they would be able to support that

This is not a bunch of “Right Wing Nuts” in a compound up in the mountains claiming to be “Sovereign Citizens”. This law was passed by a bipartisan legislature and signed by a Democrat governor.

Will Janet Napolitano now put the entire state government in Montana on the terrorist watch list? Will the President start apologizing to them about any and all perceived flaws the United States may have?

After years of federal intrusion into the administration of state affairs Montana has said enough! The interstate commerce clause has been abused to the point where it is unrecognizable.

It is under interstate commerce that the Department of Education claims its authority because the education you receive makes you a commodity, and you can cross state borders. Stretches of logic like this are the beginning of changing citizens into subjects. We decided 233 years ago we did not want to be subjects.

Montana is on sound Constitutional footing with this law. The Federal Government is violating the social contract and Montana has said enough.